Sivakumar v. Kannaki

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL MP NO. 18713 OF 2025 Sivakumar S/o. Balasubramaniam, No. 153/64-3, Kudi Street, Noyyal, Kombupalayam Village, Pugalur Taluk, Karur District.

Petitioner(s) Vs Kannaki W/o. Sivakumar, No. 25/5, Narayanasamy Nagar, 1st Street, Kangeyam Road, Tiruppur- 641 604.

Respondent(s) PRAYER To call for the records in Crl.M.P.No.5/2022 in M.C.No. 56/2021 on the file of the Family Court, Tiruppur and set aside the impugned order dt. 31.03.2023 passed by the Learned Family Judge, Tiruppur. 1/5

CRL MP No. 18713 of 2025 PRAYER To grant an order of interim stay for the operation of the order dt. 31.03.2023 passed by the Family Court, Tiruppur in Crl.MP.No. 5/2022 in M.C.No. 56/2021 pending disposal of the above Criminal Revision. For Petitioner(s):

Mr. N.Santhosh for M/s. Krishna Law Associates For Respondent(s):

Mr. T.Balachandran

ORDER

Challenging the impugned order passed by the Family Court, Tiruppur in Crl.M.P.No.5 of 2022 in M.C.No.56 of 2021, the petitioner husband preferred this Criminal Revision Petition.

2. Before the Family Court, the respondent filed a petition seeking for maintenance of Rs.30,000/- in M.C.No.50 of 2022, but due to his absence, he was set exparte. Hence, he had filed a petition seeking to set aside the exparte order and the same was allowed on condition to pay cost of Rs.30,000/-. However, his mother was unwell, so, he was unable to pay the cost and now he is ready to pay the cost. Hence, he prayed to set aside the findings of Family Court.

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3. The learned counsel for respondent raised objections stating that as on date, the total arrears of maintenance is Rs.7,20,000/-.

4. Heard and considered rival submissions made by both learned counsel for petitioner as well as respondent and perused materials available on record.

5. On seeing the facts, as on date, the petitioner is paying maintenance, so far he has paid a sum of Rs.4,77,000/-, out of the total arrears of maintenance of Rs.7,20,000/- according to respondent, furthermore, he wanted to verify the particulars about arrears of maintenance, but, however, to give one more chance, this Court is inclined to set aside the findings of Family Court, Tiruppur rendered in Crl.M.P.No. 5 of 2022 in M.C.No.56 of 2021. Moreover, on perusal of records, the fact reveals that he had already paid the cost of Rs.3000/- out of total cost of Rs.30,000/-. Accordingly, he is directed to pay a balance sum of Rs.27,000/- towards cost. He is also directed to pay another amount of Rs.30,000/- as part of arrears of maintenance into the credit of M.C.No.56 of 2021 on the file of Family Court, Tiruppur within a period of four weeks from the date of receipt of copy of this order and on such deposit of amount being made, the respondent is permitted to withdraw the said amount. On such 3/5

payment of cost, the M.C.No. 56 of 2021 is ordered to restored. Accoridngly, this Criminal Revision Case is disposed of. Consequently, connected Criminal Miscellaneous Petition is closed.

08-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To Family Court, Tiruppur.

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T.V.THAMILSELVI J.

rpp CRL RC No. 1979 of AND CRL MP NO.

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